equal employment opportunity (eeo) and anti … · usag -humphreys eeo strength through equality...
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USAG-Humphreys EEO Strength through Equality IMHM-EE 1
Equal Employment Opportunity (EEO) and Anti-Harassment Training
Teri L Garnett EEO Manager
Ofc (315) 753-6482 Cell 010-4163-6499
USAG-Humphreys EEO Strength through Equality IMHM-EE
bull EEO Program
bull Complaint Process
bull EEO is LAW
bull Disability amp Reasonable Accommodation
bull Anti-Workplace Harassment
2
USAG-Humphreys EEO Strength through Equality IMHM-EE 3
Educate evaluate and advise customers in order to ensure fair and equitable treatment and prevent unlawful employment practices while enhancing
partnerships with the USAG-Humphreys community
Vision
Spearheading a model EEO program the premiere resource for ensuring equality dignity and respect
throughout the greater USAG Humphreys Community
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Commanderrsquos Program
The responsibility of managers and supervisors to ensure all employees have an equal employment opportunity
The EEO Staff has no authority - To Hire Promote Advance Fire or Stop Disciplinary Actions etc
4
USAG-Humphreys EEO Strength through Equality IMHM-EE
Organization
Garrison Commander
Equal Employment Opportunity
Manager
Affirmative
Employment Program
EEO Counselors Collateral Duty
Special Emphasis
Program
Complaints
Program
5
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
bull EEO Program
bull Complaint Process
bull EEO is LAW
bull Disability amp Reasonable Accommodation
bull Anti-Workplace Harassment
2
USAG-Humphreys EEO Strength through Equality IMHM-EE 3
Educate evaluate and advise customers in order to ensure fair and equitable treatment and prevent unlawful employment practices while enhancing
partnerships with the USAG-Humphreys community
Vision
Spearheading a model EEO program the premiere resource for ensuring equality dignity and respect
throughout the greater USAG Humphreys Community
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Commanderrsquos Program
The responsibility of managers and supervisors to ensure all employees have an equal employment opportunity
The EEO Staff has no authority - To Hire Promote Advance Fire or Stop Disciplinary Actions etc
4
USAG-Humphreys EEO Strength through Equality IMHM-EE
Organization
Garrison Commander
Equal Employment Opportunity
Manager
Affirmative
Employment Program
EEO Counselors Collateral Duty
Special Emphasis
Program
Complaints
Program
5
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 3
Educate evaluate and advise customers in order to ensure fair and equitable treatment and prevent unlawful employment practices while enhancing
partnerships with the USAG-Humphreys community
Vision
Spearheading a model EEO program the premiere resource for ensuring equality dignity and respect
throughout the greater USAG Humphreys Community
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Commanderrsquos Program
The responsibility of managers and supervisors to ensure all employees have an equal employment opportunity
The EEO Staff has no authority - To Hire Promote Advance Fire or Stop Disciplinary Actions etc
4
USAG-Humphreys EEO Strength through Equality IMHM-EE
Organization
Garrison Commander
Equal Employment Opportunity
Manager
Affirmative
Employment Program
EEO Counselors Collateral Duty
Special Emphasis
Program
Complaints
Program
5
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Commanderrsquos Program
The responsibility of managers and supervisors to ensure all employees have an equal employment opportunity
The EEO Staff has no authority - To Hire Promote Advance Fire or Stop Disciplinary Actions etc
4
USAG-Humphreys EEO Strength through Equality IMHM-EE
Organization
Garrison Commander
Equal Employment Opportunity
Manager
Affirmative
Employment Program
EEO Counselors Collateral Duty
Special Emphasis
Program
Complaints
Program
5
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Organization
Garrison Commander
Equal Employment Opportunity
Manager
Affirmative
Employment Program
EEO Counselors Collateral Duty
Special Emphasis
Program
Complaints
Program
5
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Programs
bullPromote equal employment opportunity in the hiring advancement training and treatment of each targeted group
bullAdvocate necessary change to overcome barriers that restrict equal employment opportunity for women minorities and individuals with disabilities
6
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Special Emphasis Program Objectives
bullAnalyze agency workforce data identify potential employment barriers in areas of recruitment hiring promotion career development reasonable accommodation and retention that affects representation of protected groups and develop viable solutions to help eliminate identified barriers to employment
bullCompile develop and disseminate information to managers supervisors and employees to increase knowledge and sensitivity in all facts or issues of accessibility and reasonable accommodation
bullDevelop and conduct EEO and diversity-related programs to provide awareness sensitivity and understanding of the special issues affecting employment of these diverse groups
7
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Affirmative Employment Program
Designed to identify ways to remove barriers and overcome any workforce imbalances toward the employment
and advancement of women minorities individuals with
disabilities and disabled veterans
8
Click on the below link for ldquoEEO and Affirmative Employment Program Policyrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 9
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 10
It is the Department of
the Armyrsquos policy that
any individual wishing
to initiate a pre-complaint be allowed to do so
Click on the link for the ldquoEEO Complaint Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 11
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
AR 690-600 Equal Employment Opportunity Discrimination Complaints
Equal Employment Opportunity Commission ndash eeocgov
Code of Federal Regulations 29 CFR Part 1614
Management Directive (MD 110)
Department of Defense Civilian Personnel Management Service ndash Investigations and Resolutions Division wwwcpmsosdmil
12
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
Alleged Act or Action
EEO Counselor Alternate Dispute Resolution (ADR) Process
Final Interview
Formal EEO Complaint Filed
Investigation Completed
Decision by AJ Final Action by the Army
Final Action by Agency
Complainant Only
Agency or Complainant
Appeal to OFO
Civil Action
45 days
30 days 30 days + 60 days
15 days
180 days
40 days
Complaint Process
13
30 days
OR OR
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Aggrieved must present claim(s) to the EEO Office within
45 calendar days of action Traditional Counseling An EEO Counselor is assigned to conduct an informal inquiry
within 30 calendar days Mediation A mediator with be assigned to conduct a mediation within
90 calendar days
Primary Goal To resolve the issues at the lowest level
14
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
15
A preferred Dept of the Army alternative method in which a
third party neutral assists disputants in focusing on issues
brought forth reviewing common interests towards
reaching a mutually satisfactory settlement
Not the people personalities or fault
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
A Final interview will be conducted
(After completion of counseling or mediation)
Issued a Notice of Right to File a Formal Complaint of Discrimination
Aggrieved has 15 calendar days
to file a Formal complaint
16
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Complaint is sent to Investigations and Resolution Division (IRD) in CA
Hearing before an Administrative Judge
Civil Court
17
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 18
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Title VII of the Civil Rights Act of 1964
ldquoIt shall be an unlawful employment practice for an employerhellipto discriminate
against any individual with respect to hisher compensation terms and
conditions or privileges of employment because of such individualrsquos
Race Color Age (40+) Sex (including Pregnancy) Religion National Origin Disability (Mental or Physical) Equal
PayCompensation Genetic Information
andor Reprisal (Engaging Protected Activity)rdquo
19
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Equal Pay Act of 1963
Protects men and women who perform substantially equal work from sex-based wage discrimination
-This law requires that men and women in the same workplace be given equal pay for equal work
-Supported by the Lilly Ledbetter Act
20
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
An Act to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other unlawful practice under such Acts occurs each time compensation is paid pursuant to (in accordance with) discriminatory compensation decisions or practices for other purposes
21
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
Ledbetter was a production supervisor at a Goodyear tire plant in Alabama who filed an equal-pay lawsuit regarding pay discrimination under Title VII of the Civil Rights Act of 1964 six months before her early retirement in 1998
The courts gave opposite verdicts first supporting the complaint and later opposing in conclusion the complaint
was brought to the attention of the Supreme Court
22
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Case Ledbetter v Goodyear Tire amp Rubber Co
In 2007 the Supreme Court ruled by a 5-4 majority vote that
the complaint was time-barred because the discriminatory
decisions relating to pay was more than 180 days prior to the
date Ms Ledbetter filed the complaint
The interpretation The law runs from the date of any paycheck
that contains an amount affected by a prior discriminatory pay
decision The Ledbetter decision was cited by federal judges in
300 cases before the LLFPA was passed in 2009
23
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The Change
In 2007 Congress proposed the LLFPA to amend
the 180-day statute of limitations for filing an equal-pay law suit regarding pay discrimination resets with each new paycheck affected by that discriminatory action After two years the bill finally passed and was signed into law by President Obama in 2010
24
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Genetic Information Non-Discrimination Act of 2008 (GINA)
25
Prohibits genetic information discrimination in employment (became effective 21 Nov 2009)
This law makes it illegal to discriminate against employees
or applicants because of genetic information
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The new hire was the best candidate for the job During the first month of employment they completed a health screening for insurance purposes The screening revealed the individual had diabetes The insurer passed the information to the employer and the employer fired the new hire (fearing additional cost to the organization)
26
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Protects those 40 years or older by prohibiting age discrimination in hiring discharge pay promotions and other terms andor conditions of employment
Age Discrimination Act of 1967
27
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The ADEA protects older workers and applicants including those older than others within the over-50 group However the courts also recognize ldquoapproximately the same agerdquo
Thus a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old because they are approximately equal in age
Can 6 frac12 years make a difference
28
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The 6th Circuit has adopted a six-year rangehellip
A 57 year-old tech college employee was fired and replaced by a 51 year-old The employer argued that the case should be dismissed under the six-year ldquoapproximately the same agerdquo rule However the court found a six-and-a-half year age difference and ruled that there was enough difference in age to allow a prima facie ADEA case
Blizzard v Marion Tech College (6th Cir 2012)
6th Circuit Adoption
29
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Amended Title VII of the Civil Rights Act of 1964
Prohibits sex discrimination on the basis of pregnancy
-This law involves treating a woman (an applicant or employee) unfavorably because of pregnancy childbirth or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act of 1978
30
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
An employer allows a male employee to use unpaid leave for a
court appearance in a criminal assault but does not do the
same for a female employee to testify in domestic violence case
Employer says malersquos assault
was a ldquoreal crimerdquo
but in a womanrsquos case
itrsquos ldquojust a marital problemrdquo
31
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employer doesnrsquot hire a male applicant
after learning he had filed a restraining
order against a male domestic partner
Employer says only women can be
victims of domestic violence
32
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
33
It is illegal to fire demote harass or otherwise ldquoretaliaterdquo against individuals (applicants or employees) because they complained about discrimination or because they participated in employment discrimination proceedings
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Makes it illegal to discriminate against federal employees and applicants for employment based
on disability
Rehabilitation Act of 1973
34
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 35
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination occurs when an employer treats a qualified individual with a disability who is an employee or applicant unfavorably because heshe has a disability
Disability Discrimination
36
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Disability discrimination also occurs when an employer treats an applicant or employee less favorably because heshe has a history of a disability (such as cancer that is controlled or in remission) or
Disability Discrimination
37
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Because heshe is believed to have a physical or mental impairment that is not lasting or expected to last six months or less even if heshe does not have such an impairment
Disability Discrimination
38
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
It is illegal to harass an applicant or employee because he has a disability had a disability in the past or is believed to have a physical or mental impairment that is not lasting or expected to last six months or less and even if heshe does not have such an impairment
Disability Discrimination amp Harassment
39
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer
Disability Discrimination amp Harassment
40
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Not everyone with a medical condition is protected by law In order to be protected a person must be qualified for the job and have a disability as defined by law
A person can show that he or she has a disability in one of three wayshellip
Definition of a ldquoDisabilityrdquo
41
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
1 A person may be disabled if he or shehellip has a physical or mental condition that substantially limits a major life activity (such as walking talking seeing hearing or learning)
Qualified Person
42
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
43
2 A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Qualified Person (Contrsquod)
44
3 A person may be disabled if he or shehellip is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job perform the duties of a job or enjoy the benefits and privileges of employment
Reasonable Accommodation
45
Click on the link for the ldquoReasonable Accommodations
for Individuals with Disabilities Policyrdquo httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
46
bull Employee must specify the change or modification the individual believes necessary
bull Employee must submit the request for accommodation to Management or the Individual with Disability Program Manager (EEO)
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Reasonable Accommodation Requests
47
bull If the individual with a disability is qualified to perform the essential functions of the job
bull The employer should work with the servicing EEO OfficeDisability Program Manager to process the request for reasonable accommodation
bull The employer should approve the request for accommodation unless the employer can prove that making the accommodation would cause an undue hardship
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 48
Click on the link for the ldquoEEO Complain Procedures for Civilians and Applicantsrdquo
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 49
hellipWorkplace harassment is defined as unwelcome verbal or
physical conduct based on Race Color Sex (including
pregnancy) Religion National Origin Age (40+) Equal
PayCompensation Genetic Information Disability (Mental or
Physical) or Reprisal for involvement in EEO Activity when
hellipThe conduct culminates a tangible employment action or
hellipThe conduct was sufficiently severe or pervasive to create
a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
50
Reporting of workplace harassment is everyonersquos responsibility
Individuals who believe they have been subjected to harassment should
report incidents to an appropriate management official andor servicing
EEO Officer IAW AR 690-600
It is the Commanders responsibility to address allegations of ldquoSexual
Harassmentrdquo immediately to ensure unwelcome behavior stops
Department of the Army requires training for newly appointed
managerssupervisors and new employees which includes annual
refresher training Contact your servicing EEO office for training schedule
Click on the below link for Army Anti-Harassment Policy
httphumphreyskoreaarmymilEEODownloads
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
51
hellip An employer who creates or tolerates a work environment which is permeated with discriminatory intimidation ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victims employment and creates an abusive working environment is in violation of Title VII
Harris v Forklift Systems Inc 510 US 1721 114 S Ct 367 371 (1993)
(Citing Meritor Savings Band FSB v Vinson 477 US 57 (1986)
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
People have different ways of looking at the
same situation because of many factors
such as upbringing education and experiences
These different perceptions can
benefit an organization but they
can also cause conflict in the
workplace
52
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Often in a court of law more emphasis is placed on the
victimrsquos perception rather than the offenderrsquos intention
This means that employees should
take responsibility for how their
behavior affects others
53
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
In order to prevent employees from being unfairly
accused of harassment the ldquoReasonable Person
Standardrdquo was created which askshellip
ldquoWould a ldquoreasonable personrdquo
find the behavior offensiverdquo
54
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Employees who are bullied often experience a high
level of stress and emotional anguish
However unless an employee falls into a protected class
there are no laws that prohibit an employee from being
bullied in the workplace
The good news is that people are becoming more
aware of the damaging effects of bullying In fact
several states are considering anti-bullying legislation
55
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Yelling
Throwing objects
Making offensive remarks or insults
Sabotaging someonersquos work
Constantly criticizing
Spreading gossip
Withholding important information
Vandalizing personal property
Excluding employees from meetings or other office activities
56
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bullies
Tend to treat employees
inconsistently or unfairly
Often use humiliation or
intimidation to control others
Can be emotionally unpredictable
or have frequent emotional
outbursts
Often intend to negatively affect
employeesrsquo performance
Act in their own self-interest
57
Tough Managers
Treat employees consistently
and fairly
Set reasonable standards and
expect employees to meet them
Are generally predictable in their
actions and reactions
Aim to positively affect employeesrsquo
performance
Act in the interest of the
organization
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Digital harassment is a growing issue because
technologies develop faster than some
organizationsrsquo policies can keep up Although
new technologies have helped workers become
more productive they also present challenges
Unfortunately when it comes to technology
people often act more casually and with less
restraint than they would in person ndash things they
would not say or do face-to-face are done in the
virtual world without a second thought
58
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Remember that anti-workplace harassment and discrimination policies
apply to all types of technologies even if they arenrsquot company owned
For instance sending an offensive text message from your personal
mobile phone or computer can still be considered harassment
59
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
If you are Being Harassedhellip
o You have the responsibility to take reasonable action
o Inform the offender that the behavior is unwelcome and needs to stop
(Often this action alone will resolve the problem)
o If you are too uncomfortable with talking to the offending
person or if the behavior is severe and ongoing talk to your
supervisor or an EEO staff member
o Remember it is illegal for someone to retaliate against you
for making a harassment claim If you experience
retaliation report it immediately
60
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
If You Think You Have Harassed Someonehellip
o If someone appears to be offended by something
you have said or donehellip
o Apologize to the person you have offended
o Be careful not to repeat the behavior
61
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Richard an employee constantly lurks outside
of the ladies restroom Several ladies have
complained to his supervisor that this makes
them uncomfortable
but Richard continues
62
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Susan asks Paul about his sexual orientation
Paul tells Susan he doesnrsquot want to discuss it
Susan continues to make comments
and remarks to other employees
about her suspicions
63
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
64
A ldquoHostile Work Environmentrdquo harassment claim involves a pervasive atmosphere of discriminatorily severe or unwelcome working conditions that have the purpose or effect of unreasonably interfering with an individualrsquos work performance or creating an intimidating hostile or offensive working environment
29 CFR sect 160411(a) EEOC Guidelines)
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
65
bull What is a ldquoHostile Work Environmentrdquo
bull How to recognize harassment that rises to this level
bull How can we prevent Harassment that creates a Hostile Work Environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
66
The phrase ldquoHostile Work Environment generally accompanies a discrimination complaint when an individual feels unlawful harassment rises to a level that creates an environment in which the employee cannot work due to unreasonable and undue hostility Harassment on the part of employees supervisors managers or even customers can become unlawful if the bases includes those covered by Title VII of the Civil Rights Act of 1964 -- Race Color Sex National Origin or Religion
Letrsquos look at what types of behavior and actions are covered under Title VIIhellip
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
67
Dorothy a manager of an organization continuously makes unwelcome remarks and gestures towards Marco an 57 year old male employee Other employees heard and saw Dorothyrsquos behavior in the workplace and are also offended because they recognize that Dorothyrsquos behavior was inappropriate but are afraid to report the managers actions for fear she will retaliate As a result many employees can claim they are being subjected to a hostile work environment
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Company XYZ had a very racially diverse section
After several minorities left the organization
George the supervisor told the hiring official that
he did not want to see that many of them in the
section again
68
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Bill is Carolrsquos supervisor When he learns that Carol
has recently been a victim of domestic violence he
demotes her and reduces her work hours
When Carol asks why Bill tells her
that he fears the potential ldquodramardquo
she may bring into the workplace
69
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
70
To determine if harassment is pervasive and continual The Harassment has to go beyond off-handed comments an occasional misstep or embarrassing remarks as easily recognizable An employer can be held liable for supervisors and managers who ignore encourage or refuse to put a stop to unlawful harassment
EEOC reiterated its position on employer liability when it stated The Commissions long-standing guidance on employer liability for harassment by co-workers remains in effect -- an employer is liable if it knew or should have known of the misconduct unless it can show that it took immediate and appropriate corrective action
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
71
A hostile work environment is created when anyone in a workplace commits this type of harassment including a co-worker a supervisor or manager a contractor client vendor or visitor
In addition to the person who was directly harassed other employees who are impacted by the harassment (by hearing or
viewing it) are also considered victims
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
72
Other factors that dictate a hostile work environment include
If the employee feels threatened or intimidated by discriminatory
actions
There is a frequency or pervasiveness of unfair treatment and if
comments or actions are unduly offensive and degrading
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
73
Victims of a hostile work environment (sexual harassment) may include recovery of compensatory damages such as medical expenses future economic loss and loss of enjoyment of life
Punitive damages may also be awarded to
successful claimants
Such damages are awarded only if the
alleged victim establishes that the employer
acted with malice or reckless indifference to
his or her rights
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
74
bullThe underlying cause for a hostile work environment is unlawful harassment therefore attending training about anti-discrimination laws and statutes can help prevent it bullImplementation and adherence to workplace policies that spell out consequences for those who engage in prohibited discriminatory behavior
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
75
bullProfessional behavior in the workplace is another way to prevent unlawful harassment
bullMaintaining a workplace free from discrimination
bullCommitment to treating all individuals equally with dignity and respect boosts self-esteem builds morale of workers and eliminates harassment in our workplaces
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE
Harassment takes a big toll on its victim as well as the organization as
a whole To prevent harassment in your workplacehellip
Become familiar with the organizational policies
Learn how to recognize the harassment
Be aware of how your behavior affects others
If you think a comment or action could be taken the wrong way
donrsquot do it or say it
Avoid joking about sensitive topics in the workplace
Use technology with care
Speak up when you are harassed or if you witness harassment
76
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
USAG-Humphreys EEO Strength through Equality IMHM-EE 77
Ive learned that people will forget what you said
people will forget what you did but people will NEVER forget how YOU made them feelldquo
-Maya Angelou
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